SRI SWAPAN RANBANGSHI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal, by the convict, is directed against the judgment of conviction dated 28.01.2011 passed by the learned Sessions Judge, Hailakandi, in Sessions Case No. 76/2009, convicting the appellant under Section 302 IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/ -, in default, to undergo simple imprisonment for further period of 6(six) months. A criminal investigation was set in motion based on the first information report submitted by Pradip Kumar Bania (PW -1) with the Officer -in -Charge of Algapur Police Station on 04.03.2009 alleging that on the previous night i.e. on 03.03.2009 at about 9 P.M. the appellant came to their house and took away his younger brother Sri Bijay Sankar Bania (deceased), who did not return home at night and whose dead body was subsequently found on the morning of 04.03.2009 in Section No. 9 of the Nursery of Barnibridge Tea Estate. On receipt of the said FIR, Algapur Police Station Case No. 24/2009 under Section 302 IPC was registered and the police started investigation. During investigation the police visited the place of occurrence, done the inquest, send the dead body of the deceased for post mortem examination, arrested the accused appellant, who was absconding, recovered the weapon of assault vide Ext. -4 and also recorded the statements of the persons acquainted with the facts of the case, under Section 161 Cr.P.C. On completion of investigation the police filed the charge -sheet against the appellant under Section 302 IPC. The case being exclusively triable by the Court of Sessions, the accused was committed for trial by the learned Sessions Judge, Hailakandi, and accordingly Sessions Case No. 76/2009 was registered. The charge under Section 302 IPC was framed against the accused appellant on 03.12.2009, which when read over and explained to the accused, he pleaded not guilty and claimed to be tried. Hence the trial commenced.

(2.) THE prosecution in order to bring home the charge framed against the accused appellant under Section 302 IPC, examined 10(ten) witnesses, namely, Sri Pradip Bania (PW -1), brother of the deceased; Sri Mitailal Bania (PW -2), father of the deceased; Sri Sanat Kr. Bania (PW -3), another brother of the deceased; Sri Sudarshan Keot (PW -4), an employee of the tea garden; Sri Bishnu Nath Bania (PW -5), uncle of the accused and witness to the seizure memo (Ext. -2); Sri Bhajanlal Das (PW -6), witness to the seizure memo (Ext. -4); Sri Dulal Rajbongshi (PW -7), another witness to the seizure memo (Ext. -4); Dr. M.R. Laskar (PW -8), who conducted the autopsy on the dead body of the deceased Bijay Sankar Bania and proved the post mortem examination report being Ext. -6; Sri Munna Bania (PW -9), witness to the seizure memo (Ext. -2) and Sri Sujit Chakraborty (PW -10), the Investigating Officer. All these witnesses were cross -examined by the defence. The statement of the accused appellant under Section 313 Cr.P.C. was also recorded. No defence witness was examined by the accused appellant.

(3.) WE have heard Mr. M.B.U. Ahmed, learned amicus curiae for the appellant and Mr. Dhanesh Das, the learned Addl. P.P., Assam appearing for the respondent.